Q: Can i sell my home if my ch.7 is still showing open?
Hello,
I can not get my Bankruptcy attorney to contact me back or the Trustee. We have been discharged for 2 years and need to sell our home because of owning a business.. but i was told i cannot sell the home without the trustee saying yes. But I don't know what to do if the ATTORNEY & TRUSTEE will not contact us. The courts said they are the ones to talk to. Our ATTORNEY had been very nasty with us & stated he would not help us anymore even after we paid over $5,000 to him for a simple ch. 7. The court already accepted trustees final report of applications for compensation.
Please help any advice is great we need to sell our home but if NOONE on either end is contacting us back we can't. Thank you all
A: The title insurance company is probably reluctant to approve title insurance for a sale until the Chapter 7 is reported as "closed". No attorney can tell you anything specific about your particular situation without reviewing the Trustee's Final Report. Any hapter 7 case where the Debtor owns a business, especially an "asset" case where Trustee Reports were created, and the trustee received compensation, is not a "simple chapter 7" under any circumstances. The Bankruptcy Administrator apparently had no issue with the amount of attorneys fees that your attorney charged. You will need to take the trustee report personally to a different attorney to get a specific opinioon, or speak to the attorney handling the sale of your home if one has already been hired to do the closing, just to confirm the only hold up is the "closure" of the Chapter 7 case. Depending upon the District in which your case is pending, closure may take some time. There are many bankruptcy attorneys in the Charlotte area besides whoever you hired, and getting this opinion should not be very costly to you.
A: You still have to get permission from the court. Go see the Trustee in person.
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